Terms and Conditions

Candere.com ("Candere" or "website" or "we" or "our") is the shopping website of Enovate Lifestyles Private Limited that allows consumers to browse, select and purchase precious stones and or precious metal jewellery and accessories (“Products” or “Goods”) from the website.

 

Candere.com provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages to help make your shopping experience with Candere as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this website or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including Copyright and Trademark laws.

 

If you do not agree to these terms, please do not use candere.com web site.

 

If you would like to provide feedback about any candere.com web site, or recommend a way we can improve the buying experience, please write to care@candere.com

 

If you have any questions about these Terms and Conditions, please contact Candere on care@candere.com.

 

ACCEPTANCE OF TERMS AND CONDITIONS

 

PRIVACY

 

Your privacy is important to us and we will protect it.

 

Candere.com collects, stores, processes and uses your information in accordance with Candere's Privacy Policy. By using the website and/ or by providing your information, you consent to the collection and use of the information you disclose on the website by Candere in accordance with Candere's Privacy Policy. Please review Candere's Privacy Policy.

 

OWNERSHIP AND COPYRIGHT

 

This candere.com web site is owned and operated by Enovate Lifestyles Private Limited. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, products, audio and video clips and software is the property of Enovate Lifestyles Private Limited  (or is used under license to Enovate Lifestyles Private Limited) and is protected by Indian Copyright Act, 1957 and international copyright laws.

 

USE OF WEBSITE AND LICENSE

 

Candere web site and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of candere website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way the content of candere website. However, you may download, electronically copy and print any of the content of candere website for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any James Allen web site in any manner that may be harmful to the operation of the web site or its content.

 

Our website users may experience difficulty in accessing website from 0600 am to 0630 am due to website updates. We apologize for the inconvenience caused to our users.

 

USAGE ELIGIBILITY

 

Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable international law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable International law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the website. If you are under 18 years old, you may use candere.com only with the involvement of a parent or legal guardian. Candere reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. If you do not qualify, you may not use the Candere.com service or the website. Additionally, you are prohibited from selling, trading, or otherwise transferring their Candere.com account to another party.

 

YOUR ACCOUNT AND REGISTRATION

 

If you access or use Candere website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by website registration form or provided by you as a visitor or user of a third party site through which you access the Website. You agree to notify Candere immediately of any unauthorized use of your account or any other breach of security. Candere reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.

 

PRODUCT DESCRIPTION 

 

Candere makes all reasonable efforts to display the products listed for sale on its web site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Candere cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Candere does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Candere makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Candere reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Candere reserves the right to cancel the sale and refund the transaction in full. If a product offered by Candere is not as described, your sole remedy is to return it in unused condition.

 

EQUIPMENT

 

Website user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto.  Candere shall not be liable for any damages to the website visitor's equipment resulting from the use of this website.

 

CONTENT YOU SUBMIT

 

Candere.com appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users.  You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Candere which may be shared with Candere on a “need to know” basis.  You should always use caution when submitting personal identifiable information about yourself or third parties in any online mediums.  Candere is free to use or disseminate such contributed content on an unrestricted basis for any purpose, without any notice or compensation to you.

 

Candere is under no obligation to use the contributed content and your submissions and may remove any such content or submission at any time at its sole discretion. Candere reserves the right to terminate your access to online mediums at any time, without notice, for any reason whatsoever.

 

You represent and warrant that you own or otherwise have permission to submit any such materials and grant Candere the rights described herein

 

NO LAWFUL OR PROHIBITED USE

 

You agree not to upload, post or otherwise transmit via the online mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;  (ii) constitutes unauthorized disclosure of personal or confidential information;  (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party;  (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.

 

You also agree not to use the Candere website or online mediums to:  (i) impersonate an employee or a representative of  Candere, its divisions and subsidiaries;  (ii) misrepresent your identity or affiliation with a person or entity;  (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication;  (iv) attempt to gain unauthorized access to any portion or feature of the candere.com or any other system or networks connected to the candere.com or any other services offered through the candere.com, and/or other accounts not belonging to you, or violate security of any portion of the candere.com, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the candere.com or online mediums through any means;  (vi) attempt to interfere with the proper working of the candere.com or any transaction being conducted on the candere.com or to restrict or inhibit any other user from accessing or using the candere.com, by means of hacking or defacing any portion of the candere.com; (vii) violate any applicable local, state, national or international law, including without limitation regulations under Indian Court of Law.

 

DISCLAIMER OF WARRANTY

 

THE MATERIALS AND INFORMATION PROVIDED BY Candere ON ITS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Candere MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF Candere WEBSITE IS AT YOUR OWN RISK.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Candere DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Candere DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM Candere IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Candere WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THEWEBSITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES

 

LIMITATION OF LIABILITY

 

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Candere is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

The law of certain countries may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Candere's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Candere by you for accessing Candere.com web site.

 

INDEMNITY

 

You agree to defend, indemnify, and hold harmless Candere and its officers, directors, shareholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of Candere website or your breach of these Terms of Use or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.

 

COUPONS TERMS AND CONDITIONS

 

The offer contained in the electronic communication ("eCoupons") is made by Enovate Lifestyles Pvt Ltd ("Enovate Lifestyles") and is open to targeted http://www.candere.com registered users ("Users"). These terms and conditions are in addition to the existing Candere Terms of Use. eCoupons are also not offered to, and shall not be used by, such users who under any statutory obligations are prohibited to use eCoupons. eCoupon is the property of Enovate Lifestyles and Enovate Lifestyles has the right to cancel the eCoupons at will and at any time (including during the validity period of the eCoupon) without giving any prior intimation to the User. eCoupon is a privilege from Enovate Lifestyles and not a right or claim against Enovate Lifestyles. eCoupons can also be cancelled in case the user is in violation of Candere Terms of Use.

 

User using the eCoupons in any manner shall be deemed to have read, understood and accepted these terms and conditions.

 

The value and the mode of using the eCoupon are mentioned in the electronic communication. The validity of eCouponis subject to the condition that the User remains a registered user and is neither suspended nor in violation of Candere Terms of Use.

 

eCoupons can be redeemed only on purchases made through Candere.com on those listings which provides for an option of eCoupon payments. eCoupons shall be invalidated in case of rejection of payment by Enovate Lifestyles due to Enovate Lifestyles's risk containment measures. eCoupons cannot be used to buy any item which is illegal or prohibited by Terms of Use.

 

eCoupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. eCoupons cannot be combined with any other coupons or any other offer or gift vouchers/cards or discounts or promotions.

 

One eCoupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the eCoupons shall be forfeited and the User cannot claim any benefit or a substitute eCoupon in lieu of the same. The purchase value of the item in excess of the value of the eCoupon shall be paid by the User along with using the eCoupon.

 

 

GRIEVANCE OFFICER

 

In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of your personal sensitive information as governed by the Privacy Policy is Rupesh Jain and can be reached at rupesh.jain at candere.com.

 

GOVERNMENT LAW

 

This user agreement and all the rules and policies contained herein and any of your usage of website and your dealings at Candere.com shall be governed and construed in accordance with the laws of India. By visiting Candere.com, you agree that the law of India, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and James Allen. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Enovate Lifestyles Private Limited relating to your access to and use of Candere.com.

 

DISPUTE RESOLUTION

 

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate court located in Mumbai, India

 

MODIFICATION

 

Candere reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit Candere website, your visit to and use of such website will be subject to and bound by the then current version of these Terms of Use.

 

Date of Last Update of these Terms of Use: June 1, 2015.

 

Candere website is operated by Enovate Lifestyles Private Limited from its offices in Mumbai, India. Enovate Lifestyles makes no representations that the contents of any of its website are appropriate or available for use in other locations. Visitors who choose to access Candere.com from other locations do so on their own initiative and are responsible for compliance with applicable local law.

 

Once again, we thank you for your interest in Candere. We hope that your experience at Candere.com is enjoyable.

 

This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Candere website.